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Miami Immigration & Naturalization Law Blog

Fatal boating accident kills recent college graduate in Florida

Florida residents and visitors frequently take full advantage of the warm weather, ample bodies of water and areas that allow boating and other water-based activities. It is a significant part of the allure of the state and attracts a great many people to take part. However, it cannot be ignored that there are inherent dangers with being on a boat. There could be a number of reasons for this, but one thing is certain: those who are injured or lose a loved one in a fatal boating accident need to understand who to seek compensation through a wrongful death legal filing.

A 22-year-old woman who had recently graduated from the University of Miami was killed in a boat accident while riding an airboat with her family. The accident occurred when she and four other people were riding on the airboat. Her mother, father, sister and the operator of the boat were the other passengers.

What are the requirements for a fiancé(e) visa?

While people in Florida will surely understand that a husband or wife who are not citizens of the United States would like to come and live in the country will generally be allowed to do so if they are legally married, an issue that often comes up is whether a fiancé or fiancée can come to live in the U.S. The U.S. Immigration and Naturalization Service has certain rules for U.S. citizens who are trying to bring a foreign national to whom they are not married, but are planning to marry, into the country. Understanding this is a key to getting it done.

When marrying a foreign national the eligibility requirements are paramount. The person who seeks a fiancé(e) visa must show the following: that the petitioner is a citizen of the U.S.; that there is an intention to marry the foreign national within 90 days of him or her entering the U.S.; that both parties are free to marry and any past marriages have been legally concluded; the couple met one another in person at least one time in the two years before filing the petition.

Fatal accident numbers show distraction a major issue in Miami

The number of drivers who are operating their vehicles while distracted is a troublesome trend that is causing auto accidents with injuries and fatalities. Although state governments and law enforcement are trying to reduce its frequency, the number of fatalities on the road has risen by 14 percent since 2015 based on information from the National Safety Council. Miami is on the list of one of the cities with the highest incidences of distracted drivers in the U.S.

An app called DriveWell created by Cambridge Mobile Telematics is trying to reduce distractions on the road by educating drivers as to how often they take part in the practice. This app works in a smartphone's background and senses when the phone is in the driver's hand and the vehicle is moving. The app collected information for more than 1,300 drivers in Miami and found several streets in the city that are prone to distracted drivers. These neighborhoods have many residents and work areas.

Legal assistance with immigration law and deportation defense

In an ongoing and public debate, the United States is taking steps to try and tamp down on illegal immigration. A part of that has involved not just stopping people from coming in illegally or coming in with legal status and overstaying their visas, but it has extended to arrests and deportations, even for those who have roots, started a family and been in Miami, in the U.S. contributing to the economy and paying taxes for many years. These people are often law abiding citizens and are trying to gain the right to stay in the U.S. legally.

With the new presidential administration, not a day goes by when the story of an immigrant who came to the U.S. for a better life is treated as a criminal because he or she is an immigrant. The nationality and religious beliefs are also being used as a test to determine whether a person can enter or not, stay or not. When there is fear of arrest and deportation, everyone has the right to be protected with help from an immigration attorney.

U.S. immigrant since infancy is stuck in Haiti

Immigrants in Florida and across the nation are justifiably concerned over the implementation of new protocols with admission and residence in the United States. The still-relatively new presidential administration of Donald J. Trump is finding its way when it comes to campaign rhetoric and how close to the letter of the law they want the enforcement to be. That has left a great many people concerned about their legal status, wondering whether they can get a visa, and what will happen if they were once classified as a protected refugee. Having legal help with US immigration law can be useful in navigating these troubled waters.

One case exhibits how difficult it can be for an immigrant. A 24-year-old man from Haiti who has lived in the U.S. since he was an infant is stuck in the country of his birth because he had not renewed his temporary protected status in the U.S. He has been in Haiti since December. As a baby, he was brought to the U.S. by his parents when they were granted political asylum after there was a military coup. His father eventually because a naturalized citizen of the U.S.; his mother was also granted legal citizenship. Both live in Florida. His siblings are also citizens with his American-born brother serving in the U.S. Marine Corps.

Distracted drivers can cause a fatal accident

Distracted driving is becoming an increasingly worrisome problem in Florida and across the U.S. While many people who are concerned about a crash due to a distracted driver feel that way due to anecdotal evidence of having seen it happen, studies are conducted to determine just how prevalent the problem is. One recent study has shown that Florida is the second worst state for people using their smartphones while driving behind Louisiana. For those who have been in an accident or suffered the loss of a loved one in a fatal car crash and believe it was due to a driver who was texting or otherwise using their smartphone while behind the wheel, this information can be essential to pursuing compensation in a legal filing.

Shockingly, 92 percent of drivers in the U.S. have performed one action or another on their smartphone while driving. This information is from an app that was designed to track driver activities. The company, EverQuote, Inc. and its director of communications expresses shock at how common it is for drivers to pay attention to their smartphones while driving. They do this blissfully unaware of how truly risky it is to themselves and others on the road.

What are the rules for specialty occupations under an H-1B visa?

Given the importance of the United States in the world economy and the welcoming nature that immigrants who had specific skills were granted when trying to come and work in the U.S., the current changes that are being implemented under the presidency of Donald J. Trump have many concerned. For those who are seeking to come to Florida to work under the H-1B visa program, the announcement that premium processing will be suspended temporarily can cause consternation. Even with that, it is still important to understand the requirements to be eligible under H-1B. One key category is specialty occupations.

To be considered part of a specialty occupation, the applicant must possess a bachelor's degree, its equivalent or higher to be allowed in the U.S. to accept the position. This degree must be common to the industry or the job must be so complicated or unusual that the only person who can perform it is one with a degree. The employer must normally have the degree as a requirement for the position. And the duties that will be carried out in the job must be so specialized and complex that the degree is necessary to be able to do them correctly.

Gaining asylum status and being allowed to work

The world can be a dangerous place and many people from other countries will seek to be allowed to come to the United States for asylum. A vast number of them come through Miami. There are many reasons why these individuals would be seeking to be protected from persecution. They include nationality, religious beliefs, race, being a member of a certain social group, and for political reasons.

A person who is eligible to be granted asylum might be able to stay in the U.S. There is a form that must be filled out within one year of arriving. It is also possible for a spouse and children who are in the U.S. to be included on the application for asylum. A child must be under the age of 21 and cannot be married.

Can child citizenship be given to a child born out of wedlock?

With the new immigration policy of the U.S. seemingly having proposed changes on a daily basis and people frightened and concerned about themselves and loved ones, a litany of issues are coming to the forefront in Miami and across the U.S. This is particularly troublesome when there are children involved. Child citizenship can be somewhat confusing, especially if the parents are unmarried when the child is born. A question that is often asked is whether a child who has a U.S. citizen father can be granted admission to the United States. He or she can according to the law.

The Immigration and Nationality Act (INA) allows for a child whose father is a U.S. citizen and is the result of an unmarried relationship to come to the U.S. legally if the blood relationship between the father and the child is established through clear and convincing evidence. It must also be shown that the father was a U.S. national at the time of the birth. The father must have been physically in the U.S. or its outlying territories before the child's birth for five years - two of which must have been before the child turned 14. The father must have agreed in writing to financially support the child until age 18 unless the father is deceased.

Car turns into path of motorcycle sparking fatal accident

A fatal accident in Florida can come in many different ways, but one of the most frequent causes is a car accident. These crashes happen for a multitude of reasons and cause pain and turmoil in an emotional, personal and financial sense to the family that has suffered the loss of a loved one. Although it will not alleviate the pain they feel at the fatal car crash, a wrongful death legal filing can be useful in receiving compensation for all that was lost with the fatality.

A crash between a car and a motorcycle led to the death of a 25-year-old motorcyclist. The accident was compounded when the 21-year-old female driver of the car fled the scene with two children and another passenger riding with her. According to the law enforcement investigation, the car was heading south and the motorcyclist was heading north. At the intersection, there was a green signal for both. The motorcycle continued going straight and woman tried to turn left. She went into the path of the motorcycle causing a collision.

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